Video Script
1. Introduction and General Vision
2. The Magistrate
3. Criminal Court
4. Justice of the Peace (JP) Court
5. Restraining Orders
6. Civil Court
7. Minor Civil Claims
8. Mediation
9. Registry
10. Children's Court
11. Coronial
12. Others
13. Technology
14. Web Site
15. Mission Statement
1. Introduction and General Vision
The Magistrates Court of Tasmania - tens of thousands of Tasmanians use it every year, and it impacts on the lives of thousands more.
Yet many people lack knowledge of what the court does, thinking perhaps it is an institution for lawyers, not the public.
In this video you will gain an understanding of what the business of the magistrates court of Tasmania is
Where you will find the courts...
How they function...
How they impact on our daily lives...
And where to go for further information....
What would best describe the main role of the Magistrates Court?
It is to dispense justice in as fair and efficient a manner as possible, to uphold the rule of law in our society.
In practice, this covers a huge range of responsibilities including:
criminal matters such as theft
motor vehicle offences
civil disputes for debts and damages,
inquests into deaths,
child protection matters
The Magistrates Court forms part of the judiciary, or the third arm of our government. Our government is made up of three main parts - the executive the legislative and the judiciary.
An important principle of the operations of the court and of our whole legal system is the independence of the judiciary. The court impacts on how laws are made and applied, but it operates independently of these so that the law can be upheld in a fair and equitable manner.
Executive government considers the policy of law, Parliament (the Legislative arm) passes the law and the Courts (the judiciary) apply it. Each of the three arms of government must act independently and none can interfere with the activities of the others.
The majority of the work of the Court can be divided into civil and criminal matters, with about 80% of the work of the Court dealing with criminal law....
2. The Magistrate
What exactly is a magistrate? And what do they do?
Interview: Deputy Chief Magistrate M R Hill,
"Magistrates are appointed from the ranks of the legal profession (or lawyers) in Tasmania. They must have had at least 5 years experience after their admission to the bar of the Supreme Court in this State to be eligible for appointment as Magistrates.
There is an oath of office taken by every judicial officer - and that includes a Magistrate, of course - and Magistrates take the oath to do justice to all manner of people without fear or favour, affection or ill-will.
Magistrates' days are usually very busy days, particularly in the criminal area which makes up about 80% of the work of the Court in this State.
There are 12 Magistrates in the State - 7 in Hobart, 3 in Launceston and 2 sit on the North-West Coast in the main centres.
The Chief Magistrate has the overall responsibility in the State for the allocation of work but matters are generally divided fairly evenly amongst the Magistrates throughout the State.
In the criminal area the matters can range from, basically, the most simple of traffic matters to very serious charges of, say, burglary and stealing or assault. Those types of matters.
Of course, in the civil area, Magistrates deal with civil matters as well, but in the criminal area, the offences can range from the trivial to, indeed, very serious matters.
The charge is laid by the prosecuting authority. In Tasmania, that is the Police Department. They make a judgment, I suppose, as to where they think the matter ought ultimately to be heard.
In other words, they will charge a person under a statute which gives the Magistrates Court jurisdiction, or they might think that the matter is so serious that it ought to be dealt with in the Supreme Court and they will lay a charge under the Tasmanian Criminal Code.
Charges of assault under the Tasmanian Criminal Code have to be dealt with in the Supreme Court.
Sentencing is a difficult matter.
Magistrates sentence many hundreds of people in Tasmania daily.
The principles of sentencing that are applicable are applicable to any offence and they are, mainly, rehabilitation, deterrence and the denunciation of the conduct.
In determining an appropriate sentence, Magistrates must consider those principles and specifically, of course, sometimes Parliament will set limits on the sentences that are applicable to each offence.
For instance, in an assault case under the Police Offences Act the statutory penalty is a fine of $500 or a term of imprisonment of 6 months.
A Magistrate can also impose other penalties in that respect such as community service, or alternatively, some offences will see the offender placed on probation."
3. Criminal Court
This is the criminal court...
Magistrates exercise a wide range of matters under both Tasmanian and Commonwealth/Federal laws.
Common offences include - burglary and stealing, assault, fraud, false pretences, drink driving, and various drug offences.
Magistrates hear approximately 52 000 complaints a year.
Magistrates preside over/hear trials of less serious criminal offences; and also preside over/hear preliminary proceedings (called 'committal proceedings') concerning more serious criminal offences before a case may be transferred to the Supreme Court
Everyone charged with a criminal offence must appear for the first time before a Magistrate who will determine whether that person can be released on bail or be remanded in custody to answer the charges.
Hearings are in public and held daily in all major centres.
The Magistrate hears all the evidence from the prosecution and then hears from the offender or their solicitor before deciding whether the charge is proven and if proven will apply a penalty.
Usually their solicitor in court represents offenders; they can however put their own case to a Magistrate if they wish.
As the Court is an 'open court' the outcomes can be reported in the media.
Evidence from witnesses is taken under oath.
An appeal against a Magistrates decision is heard and determined by the Supreme Court.
4. Justice of the Peace (JP) Court
Justices of the Peace are authorised by the Chief Magistrate and perform a range of important duties, including:
hearing and determining pleas of guilty to parking offences and
charges laid under Traffic Regulations
organising out-of-hours courts convened for hearing Bail applications, and
presiding over the taking of depositions in respect of some indictable offences
Justices of the Peace play a vital role in the application of Justice in Tasmania and they have the same authority as a Magistrate.
5. Restraining Orders
Magistrates exercise jurisdiction under various provisions in order to protect individuals and property, these are known as Restraint Orders and Interim Restraint Orders
These orders often arise from disputes of a domestic nature.
Breach of a Restraint Order and considered serious and could result in imprisonment.
6. Civil Court
In the Civil Court ...
Non-criminal disputes between citizens are dealt with.
This court may deal with up to 15 000 cases per year.
These disputes usually relate to
consumer disputes above the 'minor civil claims limit'
debts arising under retail and commercial contracts
motor vehicle accidents
neighbourhood disputes
The court can make orders for the payment of money ('damages') and suggest other legal remedies including injunctions, hearings and mediation.
7. Minor Civil Claims
A minor civil claim includes:
any dispute claiming $5000 or less;
claims arising out of a Residential Tenancy or Lease Agreement;
claims to access neighboring land;
disputes under the Consumer Credit Code claiming $5000 or less; and
claims for damages, for example, Motor Vehicle or other property of a value $5000 or less
Minor civil claims has now replaced Small Claims. The right of appeal has been broadened and default judgment can now be obtained if a claim is not defended or the defendant fails to attend mediation.
Hearings/Trials are conducted with as little formality and technicality as proper consideration of the issue permits. Decisions are, where possible, given soon after the hearing. Claim forms have been designed to be easy to complete and include detailed information on lodgment, preparation and presentation of a claim. Information Brochures are also available.
8. Mediation
Parties in civil disputes are encouraged to settle the dispute by mutual agreement all the way through the process and accordingly the Magistrate can order a Registrar to hold a conference between both sides to clarify the issues in dispute and if possible reach a settlement by consent.
9. Registry
The Magistrates Court has over eighty staff located in registries around the state.
Their roles are many and varied from Court Clerk, Cashier and Bailiff, to Mediator, Data Processors, Filing Clerk and Security Guard.
The Counter staff are always busy handling telephone and counter inquiries relating to:
Applications for Restraint Orders
Minor Civil Claims
Applications for Restricted Driver Licences
Issuing Receipts for Payments
Applications to vary bail
or just directing someone to the correct Court room
Staff are highly trained in the administrative procedures of the court, however they are not lawyers and as such are unable to provide legal advice to persons who have dealings with the court.
All registry systems, where possible, are computerised allowing for faster and more efficient access to Justice.
Registries are open for normal business hours Monday to Friday.
10. Children's Court
This is the children's court...
Here the Magistrates deal with jurisdictions in relation to:
offending children,
neglected children,
adoption of children
and uncontrollable children.
Youth justice outcomes may include sentencing, fines, community services orders and detention orders.
The court is designed to be more child-friendly and non-threatening both in its physical layout and procedures.
11. Coronial
All magistrates are coroners and are supported by the coroner's officers at Hobart and Launceston. These are staffed by court staff and police officers appointed specifically for this purpose.
Coroners enquire into certain deaths, fires and explosions.
A death might be investigated if it appears to have been unexpected, unnatural or to have resulted from an accident or injury, the death was in custody, or the identity of the person is unknown.
An important reason for this is to prevent such circumstances in the future.
12. Others
The magistrates also deal with a range of other matters including family law, maintenance, mining, sex discrimination and workplace health and safety.
13. Technology
The Magistrates Court is placing an increasingly strong emphasis on the role of technology in making the courts more efficient and accessible for everyone in the community.
For example,
In court, state of the art technology including video-conferencing, closed circuit TV and computer support enables Magistrates to conduct proceedings in a range of ways to overcome problems of isolation or access.
14. Web Site
For more information about the Magistrates Court of Tasmania, visit
The Magistrates Court of Tasmania Website:
www.magistratescourt.tas.gov.au
15. Mission Statement
The mission of the Magistrates Court of Tasmania is to serve the community by providing access to an accountable, independent and impartial system of justice.